said Messuages Tenements or Hereditaments of the said now Lord North according to the true meaning of the said several Deeds And that it shall and may be lawful at all times hereafter to and for the said Dudley Lord North his Heirs Tenants and Assigns and all others inhabiting and possessing the said Mansion-house or any other the said Messuages Tenements or Hereditaments of the said Lord North for themselves their servants and workmen to have free ingress and regress into and from the Orchards Gardens or other places of the said Hospital where it shall be needful to survey repair cleanse amend and new make the said Pipes Conduits Cocks Chanels and Water-courses and all other Pipes Conduits Cocks Chanels and Water-courses that hereafter shall be erected or placed within the precinct of the said Hospital for the conveying of Water unto the said Mansion-house or other the Messuages Tenements or Hereditaments of the said now Lord North or any of them and to that purpose to subvert and digg up the Soil of the said Orchards Gardens or other places of the said Hospital where it shall be needful Provided also A Proviso for the Viscountess Maidstone and be it Enacted by the Authority aforesaid that this Act or any thing therein contained shall not in any wise extend unto the Mansion-house of the Right honourable Elizabeth Viscountess of Maidstone scituate and being in Charter-house Church-yard near unto the said Hospital nor to any the Buildings Outhouses Gardens or Grounds therewith used or thereto pertaining nor to any Mansion-houses Buildings or Grounds therewith used of any other person or persons within or near the precinct of the said Church-yard or Hospital and not conveyed or mentioned to be conveyed by the said Thomas Sutton to the said Governours by the said Indenture of Bargain and Sale But that it shall and may be lawful to and for the said Viscountess of Maidstone and all and every other person and persons whatsoever to hold and enjoy the said several Mansion houses and Premisses therewith used or thereto pertaining together with all ways and passages with Carts or otherwise and all Liberties Profits Easements Water and Water-courses Pipes Cocks and Passages for Water and liberty to digg cleanse amend and new make such Pipes Cocks and Water-courses as fully and as amply as if this Act had never been had nor made Ego Henricus Elsyinge Armiger ' Clericus Parliamentorum virtute brevis dicti Domini nostri Regis de Certiorando mihi direct ' his annexat ' certifico superius hoc scriptum verum esse tenorem Actus Parliamenti supradicti in eo brevi mencionat ' In cujus rei testimonium Sigillum nomenque meum apposui atque subscripsi Dat' secundo Die Julii Anno regni dict' Domini nostri Regis Caroli quarto H. Elsyinge Cler ' Parl. Nos autem separales tenores brevis scedulae predict ad requisition ' Gubernatorum terrarum possessionum revencionum bonorum Hospitalis predict duximus Exemplificand ' per presentes In cujus rei testimonium has literas nostras fieri fecimus Patentes Teste meipso apud Westmonasterium Decimo octavo die Julii Anno Regni nostri quarto Cesar Car. Examinat ' per nos Rob. Riche Edw. Clarke Clericos Irrotulat ' Rotul ' Patent ' Cur ' Cancellar ' Domini Regis Caroli infra script ' de Anno Regni ejusdem Regis Angliae c. Quarto Now all things are fixed and settled according to the admirable Ends they were designed for every one enjoying the benefit and refreshments of our Noble Founder's Charity Ezra 6.9 Day by day we have our Portions without fail that we may offer Sacrifices of sweet Savour unto the God of Heaven and pray for the Life and Prosperity of our most gracious King and the Happiness of our Noble Governours The Names of the present Governours 1. The most Reverend Father in God Gilbert Lord Arch-bishop of Canterbury 2. The Lord Chancellor of England 3. The Duke of Buckingham 4. The Duke of Monmouth 5. The Duke of Ormond 6. Lord Chamberlain 7. Lord Treasurer 8. Earl of Bridgewater 9. Earl of Craven 10. Earl of Shaftsbury 11. Lord Bishop of Winchester 12. Lord Bishop of Rochester 13. Lord Robarts 14. Mr. Secretary Coventry 15. Sir William Wild. 16. Martyn Clifford Esquire Thus the Government of this Foundation is fixed upon the most Honourable Grandees of our State and the most Reverend Prelates of our Church they who sit at the Helm of our Kingdom and are graciously pleased to steer and guide this goodly Ship of Renowned Sutton's Charity And here we may note the great Wisdom of our Founder who made choice of men of Honour and Power who were able to maintain his Foundation by their Interest and to grace it with their Honour When any of these Noble Lord happen to decease another is chosen within two months by the voices of the Major part The Patent runs thus TO all whom these Presents shall come the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James founded in the Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire send greeting in our Lord GOD everlasting Whereas _____ one of the Governours of the Lands Possessions Revenues and Goods of the Hospital of King James aforesaid lately died and departed this life by means whereof his room and place of a Governour did become and yet is and continueth void Know ye therefore that the said Governours according to the true intent and meaning of the Letters Patent of our late Soveraign Lord King James for the Foundation of the said Hospital bearing date the Two and twentieth day of June in the Ninth year of his Reign do elect nominate and appoint _____ to be henceforth one of the Governours of the Lands Possessions Revenues and Goods of the said Hospital of King James founded in the Charter-house within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire in the room and place of a Governour so being void as aforesaid by the death of the said _____ _____ to be and continue in the room and place and to have exercise and enjoy the said room and place of one of the Governours of the Lands Possessions Revenues and Goods of the Hospital aforesaid according to the true intent and meaning of the said Letters Patent In witness whereof the said Governours have hereunto set their Common Seal and every one of them his particular Seal c. The Members that are kept and maintain'd in the Hospital chiefly consist of old Gentlemen and Children 1. FOurscore ancient Men who have been formerly in the Wars and been serviceable to their King and Country or else decay'd Merchants whose Estates have been swallowed up in the Deep or aged and poor Housholders who have formerly lived in a fair esteem in the World who have a long
did purchase the same unless such other person and persons do pursue their Title Claim or Interest by way of Action or lawful Entry within ten years after the end of this present Session of Parliament Saving to the King's Majesty Exceptions and Savings his Heirs and Successors all such Estate Right Title and Interest as his Majesty had or might have had unto any the said Mannors Lands Tenements and Hereditaments before the said Indenture made other than for or by reason of any Alienation in Mortmain And saving to all and every other person or persons Bodies Politique and Corporate and their Heirs and Successors other than the Heirs of the said Thomas Sutton and other than such person and persons from whom the said Thomas Sutton purchased the said Hospital House Mannors Lands Tenements or Hereditaments or any of them their Heirs Issues and Assigns and Persons claiming by from or under them respectively and other than such Person and Persons as shall claim the title of Alienation in Mortmain of any the said Mannors Lands Tenements and Hereditaments all such Estate Right Title Claim Custome Interest and Demand whatsoever as they or any of them have or shall have in as large and ample manner and form to all intents and purposes as if this Act had never been had nor made The Governours disabled to convey the Hospital House or Lands to the King And be it further enacted and established by the Authority aforesaid That the said Governours and their Successors shall be from and after the end of this present Session of Parliament for ever wholly and utterly disabled in Law to make do levy or suffer any Act or Acts Thing or Things whereby or by means whereof the said Hospital House Mannors Lands Tenements or Hereditaments or any part of them or any of them shall or may be aliened assured given granted demised charged or in any sort conveyed or come to the possession of our said Soveraign Lord the King All conveyances to the King of any the Hosâ—ital Lâ—â—… us to be vâ—â—…d his Heirs or Successors And that all Alienations Assurances Gifts Grants Leases Charges and Conveyances whatsoever from and after the end of this present Sâ—ssion of Parliament to be done sufferâ—â— or made to our said Soveraign Lord the King his Heirs or Successors by the said Governours or their Successors of or out of the said Hospital House Mannors Lands Tenements or Hereditaments or of or out of any part or parcel of them or any of them shall be from and after the end of this present Session of Parliament utterly void and of none effect to all intents constructions and purposes any former Law Statute Act Ordinance or other matter or thing to the contrary notwithstanding The Governours disabled to make any Estates but for 21 years or under or for one two or three lives or for any years determinabâ—e upon one two or three lives by Indenture in possession and not in Reversion at the usual Rent or more or the tâ—ue yearly value thereof And be it further enacted and established by the Authority aforesaid that the said Governours and their Succesors and every of them be also from henceforth for ever wholly and utterly disabled in Law to make do levy or suffer any act or acts thing or things whereby or by means whereof the said Hospital-house Mannors Lands Tenements or Hereditaments or any of them or any part of them or any of them shall or may be aliened assured given granted demised charged or in any sort conveyed to any Person or Persons Bodies Politique or Corporate other than Leases and Demises by Indenture of the said Mannors Lands Tenements and Hereditaments and every or any of them other than the said Hospital-house Orchards Gardens Backsides or any of them or any part of them or any of them now used for the habitation or use of or for the Master Preacher Schoolmaster Vsher poor Scholars and poor People of the said Hospital or any of them for the term of One and twenty years or under in possession and not in reversion or for one two or three lives or for any number of years determinable upon one two or three lives in possession and not in reversion and whereupon such yearly rent or more shall be reserved to the Governours of the said Hospital and their Successors during the continuance of every such Lease as is now reserved upon any demise thereof or otherwise the true yearly value thereof and other than Grants by Copy of Court Roll according to the Customes of the several Mannors respectively An Exception by granting by Copy of Court Roll. Provided nevertheless that it shall and may be lawful to and for the said Governours and their Successors to grant reasonable and convenient Annuities Rents or Fees to such person or persons as shall be Officers Ministers or needful Attendants concerning the affairs of the said Hospital only for life or at will So as the number of the Officers Ministers or needful Attendants be not increased above the Number which now is as fully and amply as they should or might have done as if this Act had never been had or made A Proviso for the Lord North. Provided always and be it enacted that this Act or any thing herein before contained shall no way extend to give any title to the said Hospital in or unto the Mansion-house now in possession of the Right Honourable Dudley Lord North or of his Assigns at or near the East end of the said Hospital nor unto any the Buildings Edifices Courts Gardens Orchards or Grounds thereunto belonging or therewith used or enjoyed nor unto any other the Messuages Tenements or Hereditaments of the said Lord North being within or near the Scite or Precinct of the said Hospital But that it shall and may be lawful to and for the said Lord North his Heirs Tenants and Assigns for ever hereafter to hold and enjoy against the Governours Master and other the Owners or Possessors of the said Hospital in the Charter-house now and for the time being the said Mansion-house and Premises and all ways and passages by Cart or otherwise Easements Waters Water-courses Chanels Pipes Conduits Cocks Liberties Profits and Hereditaments to the same or any of them belonging or therewith or with any of them now used or enjoyed or the which by the true meaning of any Grant Covenant Clause or Agreement contained in one Deed of Feoffment made by Edward Lord North unto Sir William Peter Knight and others bearing date the Sixth day of November in the Fifth year of the Reign of the late Queen Elizabeth and in one other Deed made by Roger late Lord North and others to the Right Noble Prince Thomas late Duke of Norfolk bearing date the last day of May in the Seventh year of the Reign of the said late Queen Elizabeth were meant and intended to belong unto or to be enjoyed with the said Mansion-house or any other the
Successors for the time being or the most part of them as is aforesaid And that it shall and may be lawful to and for the said Master Preacher Schoolmaster Vsher poor People poor Children and Officers of the said Hospital to remain assemble be and cohabit together in the said House Buildings and Hospital And that it may be further enacted by the Authority aforesaid And be it enacted by the Authority aforesaid That your said Suppliant during his Life and that the said Governors and their Successors for the time being or the most part of them after his decease shall an may have full power and authority under the said Common Seal to make ordain set down and prescribe such Rules Statutes and Ordinances for the order rule and government of the said Hospital and of the said Master Preacher Schoolmaster Vsher poor Men poor Children and Officers and their Successors and for their and every of their stipends and allowances for or towards their or any of their maintenance and relief as to your said Suppliant during his life and the said Governors and their Successors for the time being or the most part of them after his decease shall seem meet and convenient And that the same Orders Rules Statutes and Ordinances so by him them or any of them made set down and prescribed as aforesaid shall be and stand in full force and strength in Law the same not being repugnant nor contrary to your Majesties Prerogative Royal nor to the Laws or Statutes of this your Majesties Realm of England nor to any Ecclesiastical Canons or Constitutions of the Church of England then in force and use And that your Suppliant during his life and the said Governors and their Successors for the time being or the most part of them and such of them as your Suppliant shall thereto appoint and nominate shall and may after the decease of your said Suppliant have full power and authority to visit the said Hospital and to order reform and redress all disorders and abuses in and touching the government and disposing of the same And further to censure suspend and deprive the said Master Preacher Schoolmaster Vsher poor Men poor Children and Officers for the time being and every or any of them as to him and them shall seem just sit and convenient So always that no visitation act or thing in or touching the same be had made or done other than by your Suppliant during his life or the said Governors and their Successors for the time being or the most part of them after his decease or by such of them as your Suppliant shall thereunto nominate and appoint And also that it may be further enacted by the Authority aforesaid and be it enacted by the Authority aforesaid that the said Preacher and Minister of the Word of God which shall be placed in the said Hospital to and for the uses and purposes aforesaid from time to time hereafter shall and may enter into have hold and enjoy the Rectory and Parsonage of Hallingbury aforesaid in and to his own proper use and behoof for and during so long time as he shall be Preacher and Minister there without any other presentation or admission institution or induction And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof other than such as shall determine and end when and as soon as any such person as shall be the Preacher or Minister of and in the said Hospital when the same Lease shall be made shall decease or resign leave or be put out and removed from his said place of Preacher or Minister of and in the said Hospital Saving always and reserving to your Majesty your Heirs and Successors and to all and every other person and persons bodies politique and corporate their Heirs and Successors other than your Suppliant and his Heirs and the person and persons from whom the same were purchased and their Heirs claiming only as Heirs all such Estate Right Title Condition Claim Possession Rents Services Commons Demands Actions Remedies Recoveries Terms Interests Forfeits Commodities Advantages and Hereditaments whatsoever which they or any of them shall or may have or of right ought to have of in to or out of the premisses or any of them or any part thereof as if this Act had never been had or made Other than Fine or Fines of or for any Alienation of the premisses or any part or parcel thereof And other than respits of homage or Fines for Non-payment of respit of homage at any time hereafter to be demanded And other than Title and Right of Liberty or Liberties to enter into the same or any of them for or by reason of any Statute heretofore made for concerning or against any Alienation or Mortmain prout per eundem actum inter alia plenius apparet Not long after Mr. Sutton changed his mind and was desirous to purchase my Lord of Suffolk's House near Smithfield formerly a Carthusian Monastery Founded as before is mentioned at large by Sir Walter de Manny At the dissolution of Abbies by King Henry the Eighth at the rasing of Convents a peculiar Clause was added to the Commission impowering them particularly to rate the Charter-house in London which amounted to 642 l. 0 s. 4 d. ob yearly And the Prior was enjoyn'd to renounce the Popes Supremacy and acknowledge the King but he chose rather to lose his life and was hanged at the Gate Then this Monastery and Duke's Place was bestow'd upon Sir Thomas Audly Speaker to that Parliament which dissolved these Houses It passed from him with his sole Daughter Margaret by marriage to Thomas Howard Duke of Norfolk and so by Descent to Thomas Earl of Suffolk This was the place which Mr. Sutton thought convenient for his intended Foundation and the rather because it had been formerly imploy'd to Religious ends At length he purchas 't it by the Name of Howard House otherwise called The late dissolved Charter-house near Smithfield in Middlesex consisting of Four or Five Courts a Wilderness Gardens Orchards and Walks thereunto belonging with Pardon Church-yard and the two Messuages adjoyning called Willbeck with all Buildings Closets Ways Waters Services Rents Wages Fellons Goods Outlaws Fugitives Liberties Reversions Emoluments and Appurtenances known to belong to the said House or other the mentioned Premisses paying down for the same Thirteen thousand pounds May 9. Jacobi 9. 1611. And on the 22 of June following settled the Hospital design'd by the aforesaid Act at Hallingbury by Letters Patents at the Charter-House The Letters Patents under the Great Seal are in my Lord Coke's Reports The Summe of the Letters Patents of King JAMES for erecting Sutton's Hospital at the Charter-House 1. THE Purchase is mention'd bought of the Right Honourable Thomas Earl of Suffolk 2. The Charter-house conceived to be a fitter place than Hallingbury 3. The Governours are incorporated and have full Authority to purchase take receive c. 4. Sixteen
Fundo Erigo c. But in truth the Corporation is made by the King's Charter and the Founder is but an Instrument 9. The mony paid by some of the Governours in their private capacity is good but the payment was as Governours and so they are acquitted 2. a Rent was reserved which was a good consideration 3. a Bargain and Sale was to be upon Confidence and Trust 10. They may plead that they are seized in fore although then it be not in esse In Answer to the Precedents some are Explanatory and some Negatory ex Consuetudine Clericorum This being the Case it was argued shrewdly on the Plaintiff's side By Sir Francis Bacon Solicitor General Mr. Gualter of the Temple And Mr. Yelverton of Grays Inne And on the Defendants side the Hospital c. By Mr. Hubbard Attourney General Mr. Hutton Serjeant at Law Mr. Coventry of the Inner Temple But nevertheless an Adjournment was made of it from the Kings Bench to the Exchequer Chamber where it was solemnly argued by the Judges of the Land Sir Robert Hutton Sir Augustine Nicholls Sir John Doderidge Sir Humphrey Winoh Sir Edward Bromely Sir John Crooke Sir James Altham Sir George Snig Sir Peter Warberton Sir Laurence Tanfield Lord Chief Baron Sir Edward Coke Lord Chief Justice of the Common Pleas. Sir Thomas Flemming Lord Chief Justice of the King's Bench was then sick and so not present Here it was judged with the great applause of all that heard it for the Defendants the Governours of the Hospital The Plaintiff being but a man of ordinary quality was judged to have reason to be content with a tolerable provision for him sutable to his degree viz. he had allotted to him the Mannor of Turback in Lancashire consisting of a fair ancient House two Parks and large Demeans plentifully stored with Timber valued at 350 l. per Annum Rent of Assise together with a Rectory worth 100 l. per Annum in the same County and 300 l. by Will Thus was this great Difference at Law decided 1. For the Honour of the Protestant Religion that has produced such a Work of Piety and Charity as never was in the Christian World all things considered for it was the Erection of one Private man who bequeathed a mighty Estate to this pious Use 2. It was for the glory of the King to whom ex congruo condigno it was dedicated that it might bear his Name engage Him in its Institution and His Royal Successours in its future Patronage and Maintenance 3. For the increase of Piety that men in this Age be not deterred from Good Works 4. That Justice and Mercy might come together Righteousness and Peace kiss each other That every Person may have his due esteem we are to understand that much is owing to the lasting memory of Sir Edward Coke who like a firm Rock stood between that and danger he outweather'd the storm and broke the fury of interested and mercenary Eloquence At one time it was almost crushed by the hungry hopes and violence of some Self-seeking Courtiers which made that Oracle of Law more warm and positive in his Determinations He endeavoured and brought it to pass and he deserves a Monument of greater Honour among us than he found in the Church of Norwich And if it were lawful to annex the Succession of a Governour to any but the Royal Family 'T were pity the Name of so Honourable a Patron should ever be out of the List of the Right Honourable the Lords and Governours of the Charter-house Among those who were Enemies to this Religious design I find Sir Francis Bacon writing this following Advice to King James Vide Resuscit May it please your Majesty I Find it a positive Precept in the Old Law That there should be no Sacrifice without Salt The Moral whereof besides the Ceremony may be That God is not pleased with the Body of a good Intention except it be seasoned with that Spiritual Wisdom and Judgment as it be not easily subject to be corrupted and perverted For Salt in the Scripture is both a figure of Wisdom and lasting this cometh into my mind upon this act of Mr. Sutton which seemeth to me as a Sacrifice without Salt having the Materials of a good Intention but not powdred with any such Ordinances and Institutions as may preserve the same from turning corrupt or at least from becoming unsavory and of little use For though the choice of the Feoffees be of the best yet neither can they always live and the very nature of the work it self in the vast and unfit proportion thereof is apt to provoke a mis-imployment it is no diligence of theirs except there be a digression from that Model that can excuse it from running the same way that Gifts of the like condition have heretofore done For to design the Charter-house a Building fit for a Prince 's Habitation for an Hospital is all one as if one should give in Alms a rich embroydered Cloak to a Beggar And certainly a man may see tanquam quae oculis cernuntur that if such an Edifice with Six thousand pounds Revenue be erected into one Hospital it will in a small time degenerate to be made a preferment of some great Person to be Master and he to take all the sweet and the Poor to be stinted and take but the Crums as it comes to pass in divers Hospitals of this Realm which have but the names of Hospitals and are but wealthy Benefices in respect of the Mastership but the poor which is the propter quid little relieved And the like hath been the Fortune of much of the Alms of the Roman Religion in the Great Foundations which being begun in Vain-glory and Ostentation have had their Judgment upon them to end in corruption and abuse This Meditation hath made me presume to write these few Lines to your Majesty being no better than good wishes which your Majesties great Wisdom may make something or nothing of Wherein I desire to be thus understood that if this Foundation such as it is be perfect and good in Law then I am too well acquainted with your Majesties Disposition to advise any course of power or profit which is not grounded upon a right Nay further if the defects be such as a Court of Equity may remedy and cure Then I wish that as St. Peter's Shadow did cure Diseases so the very shadow of a good intention may cure the defects of that Nature But if there be a Right and Birthright planted in the Heir and not remediable by Courts of Equity and that Right be submitted to your Majesty whereby it is both in your power and grace what to do then do I wish that this rude Mass and Chaos of a good Deed were directed rather to a solid Merit and durable Charity than to a blaze of Glory that will but crackle a little in Talk and quickly extinguish And this may be done observing the Species of Mr. Sutton's
the good oversight of mine Executor or Executors the Constable of Newington and the Church-wardens there for the time being the same High-ways to be amended made and holpen within one year after my decease Item I give towards the amending of the Highways between Ashden and Walden in the County of Essex called Walden-lane One hundred pounds of lawful mony of England And towards the amending of the Highways between Great Lynton in the County of Cambridge and the said Town of Walden Threescore and six pounds thirteen shillings and four pence of lawful mony of England And I also give towards the amending of Horsheath-lane Threescore pounds of lawful mony of England All these works next before recited I will shall be overseen and guided by the two head-Constables thereunto next adjoyning the Treasurer of Walden and the Parsons of Ashden Hadstock and Horsheath and the Constables of the same Parishes for the time being And the same several Sums to be imployed and the said Highways so to be amended so far as the same Sums will extend within One year after my decease Also I give towards the amending of the Bridges and the ordinary Highways between Southminster and Maldon in the said County of Essex the Sum of One hundred pounds of lawful mony of England and the same Work to be overseen and guided by the two head-Constables thereunto next adjoyning and the Parsons or Vicars of Southminster and Maldon for the time being and the same mony to be so imployed and the Highways so amended within one year after my decease Item I give to Mr. Robert Dudley Alderman of Newcastle upon Tine or to his Children or to so many of his Children as shall be living at the time of my decease Thirty pounds of lawful mony of England which he oweth me And I will and do earnestly charge mine Executor or Executors to deliver into the Treasury or Chamber of the City of London One thousand pounds in currant mony of England with such care and foresight to be had that such Bonds or Assurances be taken of the Lord Maior and Aldermen of the same City that for the time shall be by learned Counsel in the Law as the same may be safe and for ever go and be converted to these uses following That is to say That the said thousand pounds be yearly lent and put forth to Ten young Merchant men not having any great Stocks of their own being young men and of honest life and conversation and towardly in their Trades that is to every one of them One hundred pounds for a year without paying any thing for the same And these Ten young Merchants to be chosen and appointed by the Lord Maior and Aldermen of the said City that for the time shall be and the Dean of the Cathedral Church of St. Paul in London for the time being Provided as before that none have or continue the said hundred pounds so appointed above one year Item I will and give to the Children of Justinian Crome Draper sometimes dwelling in the City of Lincoln or to his Childrens children if any of them shall be living at my decease Twenty pounds of lawful mony of England to be equally divided amongst them I give also to the Wife and Children or Child of Martin Wathersine Dutchman sometime dwelling at the Sign of the White-Bear in Buttolph-lane London if any of them be living at the time of my death Ten pounds to be equally divided amongst them Item I give to the next Kinsman or Kinswoman of Henry Vavering Dutchman Smith sometimes dwelling in Barwick three pounds six shillings eight pence Item I give and bequeath unto Sir Francis Popham Knight as well in respect and good will which I bear unto his Wife being the Daughter of my late deceased dear Wife the Sum of Two thousand Marks of lawful mony of England upon condition nevertheless and so that the said Sir Francis Popham and the said Lady Anne his Wife give a sufficient discharge and a generall release to mine Executor or Executors as well for that summe as also for the receipt of all the rest of her part of portion of the plate money and houshould stuffe already paid and delivered to them or to their use as appeareth by severall bills or notes subscribed with my own hand which I do think to be the very true half and better half of the said plate mony and houshold-stuff part whereof was delivered by one John Fishborne my late Servant to Sir John Popham Knight late Lord Chief Justice of England at his late House in Chancery-lane The rest of the Houshold-stuff as Chairs Stools Bedsteeds Kitchin stuff Tables and such like was delivered by the said Fishborne to the said Sir John Popham's Servants at Newington One thousand pounds in mony paid in this sort viz. To Sir John Popham by his Servant Straker upon the said Sir John's Bill before marriage Three hundred pounds which Bill after the marriage I returned to the said Sir John Popham seven hundred pounds were paid to the said Sir John Popham upon the marriage by one Mr. Anthony Law late dwelling in Pater-noster-row London the better moiety of the plate due to Sir Francis Popham was by the appointment of the said Sir John Popham received by one Mr. Clark sometimes towards the said Sir John and now a Counsellor at the Law of the Middle-Temple as I ghess Item I give to my well-beloved friend Amy Popham Two hundred pounds to be paid to her at the day of her marriage or when she shall accomplish the age of Eighteen years Item I give to Francis Popham Mary Popham Elizabeth Popham Jane Popham and Anne Popham all Daughters of the said Lady Anne Popham One hundred pounds apiece which several Sums I will shall be paid them at the days of their marriage or when they shall accomplish the age of eighteen years And my will and meaning is that unless the said Sir Francis Popham and the said Lady Anne his wife do or shall give to mine Executor or Executors a general Acquittance or Release to the effect above-mentioned that then as well the said Legacy of Two thousand Marks so willed to be given to the said Sir Francis Popham and the Lady Anne his wife as also the other several Legacies given and bequeathed to every of the said Children of the said Sir Francis Popham and the Lady his wife shall remain and be to the use of mine Executor or Executors to be wholly disposed and given by them within one year after my decease partly to the amending of High-ways and partly to poor Maidens marriages and partly to the releasing of poor men that lie in Prison for Debt and partly to the poor people of mine intended Hospital when it shall please God that it shall be established and erected And where perhaps it is or may be supposed that the said Sir John Popham hath paid Three hundred pounds to Sir Rowland Hayward of the City of London